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NY 813167





August 3, 1995

CLA-2-70:S:N:N6:351 813167

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.10.1580

Mr. John W. Weber
Norfab Corporation
1310 Stanbridge Street
Box 830
Norristown, PA 19404-0830

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of fiberglass, acrylic and brass wire yarns from Mexico; Article 509

Dear Mr. Weber:

In your letter dated July 24, 1995 you requested a ruling on the status of fiberglass, acrylic and brass wire yarns from Mexico under the NAFTA. You state that the facts are the same as those described in our ruling NY 810320 dated May 12, 1995, except that the component breakdown has been changed slightly, and the yarn has been given a new product code.

You have enclosed several meters of item 5P540-2800, a twisted, uncolored yarn, which you state is of 66.5% glass, 17.1% acrylic and 16.4% ".007 Brass" wire. We assume that this breakdown is by weight. As indicated in ruling NY 810320, this yarn is "woven into brake linings and used as friction pads in industrial applications," and "the glass filament is manufactured and extruded in Aiken, South Carolina and subsequently shipped to our plant in Juarez, Mexico."

The applicable subheading for item 5P540-2800, will be 7019.10.1580, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics); slivers, rovings, yarn and chopped strands; yarns; not colored; other; other. The general rate of duty will be 7.3 percent ad valorem.

Each of the non-originating materials used to make the yarn has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/70. The yarn will be entitled to a 5.4 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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